77 Pa. Commw. 259 | Pa. Commw. Ct. | 1983
Opinion by
Bucks County (County) appeals a Pennsylvania Labor Belations Board (Board) determination that it committed unfair labor practices.
Tbe Bucks County Bangers Benevolent Association (Association)
Initially, the County contends that the Board has no jurisdiction in unfair labor practice charges filed by Act 111 employee bargaining representatives. In our recent decision in City of Coatesville v. Pennsylvania Labor Relations Board (No. 1950 C.D. 1981, filed September 22, 1983), we concluded that the Board does have jurisdiction.
The County attacks the Board’s decision on three other grounds. The County contends first that the Board erroneously concluded that the park rangers were terminated for anti-union reasons. The record contains substantial credible evidence supporting the finding that “ [t]he park rangers were terminated because of their attempt to gain recognition pursuant to Act 111.” The County asserts that its opposition to the rangers’ Act 111 status was motivated by economies rather than anti-unionism, citing its willingness to bargain with the rangers under the Public Employe Relations Act (PERA).
The County next contends that, notwithstanding any anti-union motivation, there was no unfair labor practice because the ranger program was completely and permanently eliminated. In Millcreek Township School District, 7 PPER 91 (1976), the Board held that a public employer could discontinue a service, regardless of the underlying motivation, so long as the cessation was complete and permanent.
Although the County did completely eliminate its park police service, the Board reached no conclusion as to whether the cessation of the service was permanent. The County may not under any guise avoid its Act 111 duty to bargain by subsequently directing its employees or others to resume any of the duties principally performed by the rangers prior to their termination; if it wishes to resume these duties, the County must reinstate the rangers and bargain with their Association. On remand, the Board must determine whether the park police service has been permanently eliminated.
We have considered the County’s other arguments and find them to be without merit.
We affirm the Board’s conclusions that the County terminated the rangers for anti-union reasons and that it refused to bargain over effects. We reverse the Board’s conclusion that the termination of the rangers itself was an unfair labor practice and remand for the taking of additional evidence on the permanency issue.
Order
The Pennsylvania Labor Eelations Board order, No. PF-C-82-E and PF-C-87-E, dated April 15, 1980, is hereby vacated as to the conclusion that the termination of the park ranger service was an unfair labor practice. The matter is remanded to the Board for further proceedings not inconsistent with this opinion. Jurisdiction relinquished.
Judge Barbiert concurs in the result only.
The County originally appealed to Bucks County Common Pleas Court, which issued an order setting aside the Board’s determination. This order was vacated by this Court on June 29, 1982, for lack of jurisdiction, in light of Delaware County Lodge #27, Fraternal Order of Police v. Pennsylvania Labor Relations Board, 497 Pa. 319, 440 A.2d 512 (1982).
The Association is the certified bargaining representative of the County’s park rangers.
Act of June 24, 1968, P.L. 237, as amended, 43 P.S. §217.1.
A County ordinance required the rangers to live in park residences ; the County leased these homes to them, providing free utilities and reduced rent.
Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §211.1. The Board found that the termination violated Sections 6(1) (a), (e), and (e) of the PLBA, 43 P.S. §211.6(1) (a),(c), and (e), which
Act of June 23, 1970, P.L. 563, as amended, 43 P.S. §1101.101 (Supp. 1983-84).
In Millcreek, a school district eliminated its bus service, upon reaching a bargaining impasse with the bus drivers’ union, while continuing its other operations.